Sitting Judge Tries to Represent Defendant — Presiding Judge Shuts Her Down

A sitting judge (Judge Cylenthia LaToye Miller*) appeared in the City of East Lansing case involving Simony Cole Griffin Miller, but she was not there as the presiding judge. She identified herself as the defendant’s former guardian and explained that she had been her guardian until she turned twenty-one, describing her as “like my daughter.”

The presiding judge, JudgeMollyHennessyGreenwalt, immediately questioned whether the visiting judge was a sitting judge and addressed whether she could represent the defendant. The court pointed to MCL 600.562, which states that a circuit court judge shall not practice as an attorney in any court of the state, as well as Canon 4.

The sitting judge explained that she believed there was an exception allowing her to provide limited assistance to an immediate family member. She said she had only intended to speak with the prosecutor to see whether the matter could be resolved without hiring another attorney. The presiding judge disagreed and cited Ethics Opinion J-2, explaining that while a judge may provide legal advice and counseling to a family member, the judge may not act as an advocate, negotiator, or appear as counsel.

The presiding judge ultimately refused to allow her to represent the defendant, asked her to leave the Zoom proceeding, and gave the defendant the option of proceeding with the public defender or obtaining private counsel. The arraignment was then adjourned to a later date.

https://www.youtube.com/watch?v=DVO_U7735kw

*Judge Cylenthia LaToye Miller -

https://www.wxyz.com/news/local-news/investigations/judge-who-brought-loaded-gun-to-dtw-pleads-no-contest-gets-probation

>>25017426

>*Judge Cylenthia LaToye Miller -

>https://www.wxyz.com/news/local-news/investigations/judge-who-brought-loaded-gun-to-dtw-pleads-no-contest-gets-probation

Judge who brought loaded gun to DTW pleads no contest, gets probation'

If Miller avoids other charges over the next 90 days, case could be dismissed

By: Ross Jones

Posted 9:05 PM, Sep 16, 2024

and last updated 12:53 AM, Sep 17, 2024

ROMULUS, Mich. (WXYZ) — A Wayne County judge who brought a loaded, unregistered firearm through security at Detroit Metropolitan Airport earlier this year pleaded no contest Monday before a 34th District Court judge.

Judge Cylenthia Miller was placed on probation for the next 90 days and ordered to pay $1,400 in court costs and fines. If she avoids additional charges over the next three months, according to a court clerk, Miller could have the case removed from her record.

In June, Miller brought a .380 caliber Smith & Wesson firearm into metro airport on her way to a flight to New York.

According to a police report, the gun “was not artfully concealed” and “there was a round of ammunition chambered.”

The gun, the judge told police, was not registered. Her attorney Todd Perkins says Miller has a valid concealed pistol license.

Miller told a Wayne County Airport Authority police officer that she had obtained the gun “from her brother,” according to the police report, who she said lives in Ohio.

But her attorney later acknowledged that wasn’t true, saying that while Miller has known the man she received the gun from for most of her life, he is not a relative.

It’s not clear whether Miller will face any other charges over this case. Back on June 20, a second warrant request was submitted to the Wayne County prosecutor over the judge’s firearm not being registered.

Citing a conflict of interest, Prosecutor Kym Worthy’s office moved to be disqualified from handing the case and says it’s now in the hands of the Monroe County Prosecutor’s Office.

Monroe County Prosecutor Jeffery Yorkey said Monday that he hopes to reach a charging decision by week’s end.

Miller's attorney declined comment on Monday's news.

https://www.wxyz.com/news/local-news/investigations/judge-who-brought-loaded-gun-to-dtw-pleads-no-contest-gets-probation